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GOLDSTON v. RANDOLPH MACHINE TOOL COMPANY

No. 527.

95 S.E.2d 455 (1956)

245 N.C. 226

Ashley GOLDSTON v. RANDOLPH MACHINE TOOL COMPANY, Inc., and W. D. Smith and wife, Jeanette H. Smith.

Supreme Court of North Carolina.

December 12, 1956.

Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff, appellant.

G. E. Miller, Asheboro, for defendants W. D. Smith and wife, Jeanette H. Smith, appellees.

HIGGINS, Justice.

The plaintiff alleged and offered evidence tending to show (1) he performed labor and furnished material as subcontractor in the construction of a new dwelling which the corporate defendant contracted to build for the individual defendants; (2) the contractor failed to pay for the work done; (3) the plaintiff filed a claim with the individual defendants, or their agent, as provided in G.S. §§ 44-6 to 44-9, before they completed payment...

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